Tuesday, June 15, 2010

Call for Papers: AALS Section on Remedies


Call for Papers

AALS Section on Remedies


Rebirth of the Irreparable Injury Rule?


2011 AALS Annual Meeting

San Francisco, California

Saturday January 8, 2010

8:30-10:15 am



The AALS Section on Remedies will hold a program entitled “Rebirth of the Irreparable Injury Rule” during the AALS 2011 Annual Meeting in San Francisco, California.  The section seeks 2-3 presenters for this program.


January 2011 will mark the 20th anniversary of the publication of Doug Laycock’s landmark book, The Death of the Irreparable Injury Rule.  In the book, Professor Laycock endeavored to demonstrate that courts had eroded the rigid requirement that a plaintiff demonstrate irreparable injury as a prerequisite to obtaining injunctive relief.  Professor Laycock argued forcefully for a new functional balancing approach to remedial choices.  Recently, the Supreme Court has expressed a renewed interest in what the Court has termed “traditional” equitable principles in cases such as EBay v. MercExchange, LLC, Winter v. NRDC and Nken v. Holder.  Indeed, this term the Supreme Court has returned again to the question of what constitutes irreparable harm in cases involving violations of statutory rights in Monsanto v. Geerston Farms.  This program will explore whether Professor Laycock’s work successfully dismantled the irreparable injury rule or whether these recent Supreme Court opinions and their lower court progeny have breathed new life into the old doctrine.  The program will also explore what insights Professor Laycock’s work might hold for lower courts and commentators grappling with the limits of these Supreme Court opinions. The program hopes to spark a broader conversation about the role of equity in a merged system.


The Section invites all interested faculty members of AALS member and fee-paid law schools to submit papers dealing with any aspect of the foregoing topic.  A review committee consisting of members of the Executive Committee of the Section on Remedies will review submissions and select papers for inclusion in the program.  Papers will be selected on the basis of their quality, originality, and their engagement with the program theme.


If you are interested in presenting a paper, please submit an abstract of not more than 500 words by August 23, 2010.  In addition to an abstract, you may also submit a complete draft of your paper.  Please email your submission to rjanutis@law.capital.edu.  Please also include the phrase “Remedies Call for Papers” in the subject line of your email.  Authors of selected papers will be notified by October 1, 2010.


Per AALS Guidelines, papers that have already been accepted for publication are eligible for consideration, provided that they have not been published by the time of the annual meeting.  Papers posted on SSRN or similar pre-publication resources before the annual meeting are eligible.   Call for Paper participants will be responsible for paying their annual meeting registration fee and travel expenses.



Please direct questions and requests for additional information to:

Professor Rachel M. Janutis

Chair, AALS Section on Remedies

Capital University Law School

303 E. Broad St.

Columbus, OH 43215




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